Certification Of Counsel Submitting Proposed Order Approving

Summary

A certification of counsel filed January 9, 2023 as Doc 427 in the jointly administered Chapter 11 cases of Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), in the U.S. Bankruptcy Court for the District of Delaware. Counsel for Paul Pietschner, described as the relator in a False Claims Act proceeding under 31 U.S.C. Sec. 3729 that remains under seal, submits a proposed order approving a stipulation with the debtors. The certification recites the October 3, 2022 petition date, the November 10, 2022 meeting of creditors under 11 U.S.C. § 341, and a January 9, 2023 deadline to file a complaint under 11 U.S.C. § 523(c). Under the stipulation, that deadline would be extended to twenty-one days after entry of an order confirming any plan. It is signed by Robert J. Dehney of Morris, Nichols, Arsht & Tunnell LLP and carries the signature block of Goldberg Kohn Ltd.

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                      Case 22-10951-CTG           Doc 427       Filed 01/09/23         Page 1 of 3




                                   UNITED STATES BANKRUPTCY COURT
                                        DISTRICT OF DELAWARE



       In re:
                                                                Chapter 11
       KABBAGE, INC. d/b/a KSERVICING, et
                                                                Case No. 22-10951 (CTG)
       al.,1
                                                                (Jointly Administered)
                        Debtors.


       CERTIFICATION OF COUNSEL SUBMITTING PROPOSED ORDER APPROVING
            STIPULATION TO EXTEND PAUL PIETSCHNER’S DEADLINE TO
          FILE A COMPLAINT TO DETERMINE DISCHARGEABILITY OF DEBT


                Undersigned counsel for Paul Pietschner ("Pietschner"), hereby certifies as follows:

         1.        Pietschner is the relator in a proceeding commenced under the False Claims Act, 31

U.S.C. Sec. 3729 et seq, which remains under seal.

         2.        On October 3, 2022 (the "Petition Date"), the debtors and debtors-in-possession, in the

above-captioned, jointly administered bankruptcy cases, (collectively, the "Debtors"), filed their

voluntary petitions for relief under chapter 11 of the title 11 of the United States Code.

         3.        On November 10, 2022, the meeting of creditors pursuant to 11 U.S.C. § 341 was

scheduled and conducted (the "341 Meeting").

         4.        Pursuant to Federal Rule of Bankruptcy Procedure 4007(c), a party in interest may file

a complaint under 11 U.S.C. § 523(c) within sixty days after the first date set for the 341 meeting.




   1
     The Debtors in these chapter 11 cases, along with the last four digits of each Debtor’s federal tax identification
   number, as applicable are: Kabbage, Inc. d/b/a KServicing (3937) (the “Company”); Kabbage Canada Holdings, LLC
   (N/A); Kabbage Asset Securitization LLC (N/A); Kabbage Asset Funding 2017-A LLC (4803); Kabbage Asset
   Funding 2019-A LLC (8973); and Kabbage Diameter, LLC (N/A). Kabbage is a trademark of American Express used
   under license; Kabbage, Inc. d/b/a KServicing is not affiliated with American Express. The Debtors’ mailing and
   service address is 925B Peachtree Street NE, Suite 383, Atlanta, GA 30309.

                   Case 22-10951-CTG              Doc 427       Filed 01/09/23         Page 2 of 3




       5.       Accordingly, the deadline by which to file a complaint under 11 U.S.C. § 523(c) is

January 9, 2023, (the "Nondischargeability Deadline").

       6.       The Debtors and Pietschner have entered into a Stipulation to Extend Paul Pietschner's

Deadline to File a Complaint to Determine Dischargeability of Debt (the "Stipulation"),2 a copy of

which is attached as Exhibit 1 to the proposed order attached hereto as Exhibit A (the "Proposed

Order").

       7.       Pursuant to the Stipulation, the Debtors and Pietschner have agreed that the

Nondischargeability Deadline for Pietschner to file a complaint to determine the dischargeability of

debt under 11 U.S.C. § 523(c) shall be extended through and including the date which is twenty-one

days following the entry of an order confirming any plan.

            WHEREFORE, Paul Pietschner respectfully request that the Court enter the Proposed

   Order at its earliest convenience without further notice or a hearing.




   2
    Capitalized terms used herein but not otherwise defined herein shall have the meanings ascribed to them in the
   Stipulation.


                                                           2

             Case 22-10951-CTG   Doc 427   Filed 01/09/23   Page 3 of 3




Dated: January 9, 2023


                                            /s/ Robert J. Dehney
                                            MORRIS, NICHOLS, ARSHT & TUNNELL LLP
                                            Robert J. Dehney (No. 3578)
                                            1201 North Market Street, 16th Floor
                                            P.O. Box 1347
                                            Wilmington, DE 19899-1347
                                            Tel: 302.351.9353
                                            Fax: 302.425.4673
                                            rdehney@morrisnichols.com

                                            -and-

                                            GOLDBERG KOHN LTD
                                            Randall L. Klein
                                            William C. Meyers
                                            55 East Monroe, Suite 3300
                                            Chicago, Illinois 60603
                                            Tel: 312.201.4000
                                            Fax: 312.863.7419
                                            wcm@goldbergkohn.com

                                            Counsel for Paul Pietschner




                                      3

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